Savita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35888 of 2022 Arising Out of PS. Case No.-360 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.
Savita Devi Wife Of Lalan Mandal R/O -VILLAGE- Thadhi Ward No.-09, P.S.- Sour Bazar (POLICE Shivir Pastpur), District) Saharsa 2.
Salita Devi Wife Of Sudhir Mandal R/O -VILLAGE- Thadhi Ward No.-09, P.S.- Sour Bazar (POLICE Shivir Pastpur), District) Saharsa ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiva Shankar Sharma For the Opposite Party/s :
Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 385, 448, 504, 506 and 34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added.
Petitioners are said to have abused and threatened
Patna High Court CR. MISC. No.35888 of 2022(2) dt.28-09-2022 2/3 the informant.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is specific overt act against the coaccused Dinesh Mandal, Sudhir Mandal, Neeraj Mandal and Nishu Kumar. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the written report also does not reflect specific attribution of theft against the petitioners. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners and petitioners are ladies, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below
Patna High Court CR. MISC. No.35888 of 2022(2) dt.28-09-2022 3/3 where the case is pending/successor court in connection with Sour Bazar P.S. Case No. 360 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T